Legislature(2011 - 2012)BUTROVICH 205

03/15/2011 09:00 AM Senate STATE AFFAIRS


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* first hearing in first committee of referral
+ teleconferenced
= bill was previously heard/scheduled
*+ SB 98 BIOMETRIC INFORMATION FOR ID TELECONFERENCED
Heard & Held
*+ SB 89 LEGISLATIVE ETHICS ACT TELECONFERENCED
Heard & Held
Bills Previously Heard/Scheduled
              SB  98-BIOMETRIC INFORMATION FOR ID                                                                           
                                                                                                                                
9:02:13 AM                                                                                                                    
CHAIR WIELECHOWSKI  announced the  first order of  business would                                                               
be SB 98. It is similar  to a bill introduced last session, which                                                               
the legislature  did not  have time to  fully consider.  It would                                                               
protect Alaskans  from inappropriate  use of  their fingerprints,                                                               
retinal  patterns, voice  patterns,  facial characteristics,  and                                                               
other biometric information.                                                                                                    
                                                                                                                                
SENATOR PASKVAN  moved to adopt  the committee substitute  for SB
98,  labeled   27-LS0661\M,  as  the  working   document  of  the                                                               
committee.                                                                                                                      
                                                                                                                                
CHAIR WIELECHOWSKI objected for discussion purposes.                                                                            
                                                                                                                                
9:05:32 AM                                                                                                                    
MICHAEL CAULFIELD, staff to Senator  Bill Wielechowski, said that                                                               
SB 98 proposed  to update a law already on  the books, to protect                                                               
our privacy  rights from emerging  new technologies.  Senate Bill                                                               
217, which passed  in 2004, outlaws the  collection, analysis, or                                                               
storage  of  a law-abiding  person's  DNA  without their  written                                                               
consent. Advances  in DNA technology  have proven to be  of great                                                               
benefit to society. But DNA  science also holds the potential for                                                               
abuse, including  obtaining information that people  have a right                                                               
to keep private.                                                                                                                
                                                                                                                                
DNA  is  only  one  form of  biometric  information.  Physiologic                                                               
characteristics  can also  be used,  such  as facial  recognition                                                               
technology.  Through  this  technology,   an  individual  can  be                                                               
tracked anywhere  they go without  their knowledge.  Another form                                                               
is the  fingerprint. SB  98 will insure  that no  organization or                                                               
person  takes biometric  information from  another without  their                                                               
consent. It allows  for the use of other  identification, such as                                                               
a  passport or  state  ID  card. There  are  exceptions for  some                                                               
purposes, and the  bill does not ban  the consensual contribution                                                               
of biometric information.                                                                                                       
                                                                                                                                
Alaskans  cherish their  privacy; the  right to  privacy is  even                                                               
written into  the state  constitution. On  the most  basic level,                                                               
this  should  include  a  right   not  to  have  their  biometric                                                               
information collected  and disseminated  to third parties.  SB 98                                                               
has broad support from Alaskans.                                                                                                
                                                                                                                                
SENATOR COGHILL joined the meeting.                                                                                             
                                                                                                                                
CHAIR WIELECHOWSKI  asked Mr. Caulfield  to describe  the changes                                                               
from the initial bill to the CS.                                                                                                
                                                                                                                                
MR. CAULFIELD said  on page 1, line 13, the  "and" after passport                                                               
has  been  changed to  "or."  On  page  2,  line 21,  the  phrase                                                               
"biometric information"  has been  added for  clarification. Page                                                               
2, line 22 - 25, added  exemptions to clarify that the Department                                                               
of  Administration  would not  be  breaking  any laws  by  taking                                                               
pictures for ID cards. It also  added facial images not used in a                                                               
biometric system.  On page 2,  lines 30, more types  of biometric                                                               
information were  added. Page 30,  line 1, they removed  the word                                                               
"palm" from "palm vein recognition"  because of new types of vein                                                               
recognition.                                                                                                                    
                                                                                                                                
CHAIR WIELECHOWSKI noted  one concern is the idea  that there are                                                               
cameras literally everywhere and they  watch you and know exactly                                                               
where you are. Most Alaskans instinctively don't like that.                                                                     
                                                                                                                                
9:09:17 AM                                                                                                                    
SENATOR PASKVAN asked on page 4,  line 22, should the words "palm                                                               
print" be changed.                                                                                                              
                                                                                                                                
MR. CAULFIELD agreed that should be fixed.                                                                                      
                                                                                                                                
9:10:02 AM                                                                                                                    
JASON  GIAIMO,  Co-chair, Citizens  for  Privacy  in Alaska,  and                                                               
President, Net  Gain Business  Consultants of  Alaska, Anchorage,                                                               
said he brought  this issue to the attention  of several senators                                                               
two years  ago. Data  mining and biometrics  collection is  a big                                                               
business;  it is  estimated that  industry  revenues will  exceed                                                               
$7.5   billion   for   2012  alone.   Corporate   revenues   from                                                               
fingerprints,  iris, vein  scanning  and  facial recognition  and                                                               
surveillance make up about 49  percent of that total. Data broker                                                               
ChoicePoint  sells to  7,000  private  and government  customers,                                                               
including the U.S. Department of Homeland Security.                                                                             
                                                                                                                                
This is about protecting all  Alaskans' privacy in an environment                                                               
that is increasingly hostile toward  privacy protection. This was                                                               
a good  bill last session. It  is now an urgent  bill, because of                                                               
the remarkably rapid deterioration  in the privacy environment in                                                               
the last  12 months. There is  a bill proposed in  Washington, DC                                                               
right  now  that  is  a  cornerstone  of  an  immigration  reform                                                               
proposal, and  includes a  mandatory fingerprinting  of Americans                                                               
for a biometric workers' ID card.                                                                                               
                                                                                                                                
9:18:31 AM                                                                                                                    
This has been  proposed by two key senators from  the East Coast.                                                               
This  type  of proposal  makes  biometric  information an  urgent                                                               
issue in  Alaska. All workers  would be enrolled in  this federal                                                               
ID card program.                                                                                                                
                                                                                                                                
MR. GIAIMO said  that two and one-half years ago  he went to take                                                               
the last two  parts of the CPA exam in  Anchorage. It was January                                                               
of 2008,  the security  policy had changed,  and they  wanted his                                                               
fingerprints.  They   would  not  accept  a   passport,  driver's                                                               
license,  or birth  certificate as  identification. He  had never                                                               
been fingerprinted before.  He refused, which was  very hard, but                                                               
he felt it was important to retain his integrity.                                                                               
                                                                                                                                
Because he is  also a certified internal auditor, he  was able to                                                               
follow  the  money  trail.  He  learned  that  a  company  called                                                               
Prometric Corporation, which is a  global company with offices in                                                               
Anchorage, was  collecting the fingerprints.  They receive  a fee                                                               
for  collecting  the  fingerprints,  and they  sell  them  to  an                                                               
international  data  mining   company  called  ChoicePoint.  This                                                               
company received the  largest fine in the history  of the Federal                                                               
Trade Commission for bad privacy  policies. This company is being                                                               
trusted  with Alaskans'  private information.  In the  end it  is                                                               
about  money,  not  identification.  Many  other  exams  are  now                                                               
requiring  fingerprints as  ID. A  city in  Arizona is  trying to                                                               
pass a city ordinance for  fingerprinting requirements to receive                                                               
medicine at a local pharmacy.                                                                                                   
                                                                                                                                
9:23:02 AM                                                                                                                    
The Superintendent of the Los  Angeles Unified School District is                                                               
considering  mandatory fingerprinting  of  all low-income  school                                                               
children or they  will be denied subsidized  lunches. These sorts                                                               
of things are  being pushed by biometrics  industry lobbyists. It                                                               
is  about money.  Passage of  SB 98  will hurt  their ability  to                                                               
collect and traffic our personal data.                                                                                          
                                                                                                                                
9:23:59 AM                                                                                                                    
HORST POEPPERL, CEO, Borealis  Broadband, Anchorage, testified in                                                               
support of SB  98. He said in today's world  we face an onslaught                                                               
of organizations  determined to  extract every piece  of personal                                                               
information  possible. This  situation  is out  of  hand, and  is                                                               
becoming  more  and  more  dangerous  for  the  average  citizen.                                                               
Companies buy  and sell  this data,  and it can  also be  lost or                                                               
stolen. The best defense is not  giving up the information in the                                                               
first place.                                                                                                                    
                                                                                                                                
9:26:11 AM                                                                                                                    
CHAIR WIELECHOWSKI  noted the  committee also  has a  letter from                                                               
the ACLU.  He closed  public testimony and  announced that  SB 98                                                               
would be held over.                                                                                                             
                                                                                                                                

Document Name Date/Time Subjects
SB 89 Backup NCSL Links to States' Legislative Ethics Codes.pdf SSTA 3/15/2011 9:00:00 AM
SB 89
SB 89 Committee Substitute Version D.pdf SSTA 3/15/2011 9:00:00 AM
SB 89
SB 89 Sponsor Statement Version D.pdf SSTA 3/15/2011 9:00:00 AM
SB 89
SB 89 Backup Ethics Committee Advisory Opinions.pdf SSTA 3/15/2011 9:00:00 AM
SB 89
SB 89 Backup Ethics Committee Minutes Relevant.pdf SSTA 3/15/2011 9:00:00 AM
SB 89
SB 89 Sectional Analysis Version D.pdf SSTA 3/15/2011 9:00:00 AM
SB 89
SB 98 sponsor statement.pdf HJUD 4/13/2012 1:00:00 PM
SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 Sectional Summary.pdf HJUD 4/13/2012 1:00:00 PM
SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 FAQ.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 Changes from Original to Version M.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 Biometrics Fact Sheet.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 Biometric textbook.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 Other states statutes.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 supporters.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 ACLU Support Letter.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 EFF background.pdf SSTA 3/15/2011 9:00:00 AM
SB 98
SB 98 Choicepoint Article.pdf SSTA 3/15/2011 9:00:00 AM
SB 98